Re: [Videolib] Use of Film Clips in Presentation

Jessica Rosner (jrosner@kino.com)
Thu, 19 Jan 2006 18:29:17 -0500

In general "fair use" does require that the use be non profit with the
EXCEPTION of news. For instance any and every clip used in commercially
released or broadcast documentary MUST be cleared no matter how small the
segment being used. Personally I don't know all the details on how it all
works but I do know that. I know several docs that got in big trouble for
using uncleared material. As a distributor we won't touch any film with
uncleared music or clips no matter how small the use. Some small docs with
Just basically make the festival circuit don't bother and a there a cases
Where rights holding studios probably did not want bad press in going after
Others ( names withheld to protect the guilty)

> The so-called "classroom exception" and "fair use" are two completely
> separate things. Fair Use relates to copying copyrighted works. The
> so-called "classroom exception" is for the public performance of copyrighted
> works.
>
> Fair Use doesn't require the commentary to directly relate to the copied
> work. You can use a clip from a film to illustrate some other idea...such as
> sports psychology. Fair use DOES, however, limit how much you can copy and
> how long you can use the copy. (No more than 3 minutes/ no longer than 2
> years). It also requires that you give credit to the copyright owner. (I.e.,
> "Courtesy 20th Century Fox")
>
> Fair Use also doesn't require that a use be not-for-profit. TV news networks
> are for-profit entities but can use clips for commentary purposes without
> paying licensing fees. That's why you'll always see "Courtesy Network Name
> Here" on any clip they use from an outside source.
>
> The "classroom exception", on the other hand, is part of the Public
> Performance clause of copyright law. It allows teachers to show a video in
> its entirety to a group during a regularly scheduled class if the video is
> directly relevant to the subject matter being taught. This exception means
> they don't need a Public Performance License to engage in this public
> performance. Public Performance has nothing to do with copying a work. A
> teacher can only show a video that was obtained legally...not a version
> copied from a fellow teacher or off television. The "classroom exception"
> also requires that this be a "not-for-profit" event. You can't charge
> admission nor can you even advertise or promote that the video will be
> shown.
>
> -Gary C. Daniels
> Native American History Videos
> http://school.lostworlds.org
>
>
>
>
> On 1/18/06 12:55 PM, "deg farrelly" <deg.farrelly@asu.edu> wrote:
>
>> My gut reaction is that this use is not commentary and/or criticism, since
>> the analysis is not of the film content, but rather how the film content
>> illustrates other points.
>>
>> As described, these presentations do not appear to be within established
>> class sessions, so the classroom exemption does not appear to apply. I
>> personally do not think a strong Fair Use argument can be made, especially
>> for presentations involving paid attendance.
>>
>> That said, IF the scenes are compiled with other content, this use might
>> fall within the provisions of the Fair Use Guidelines for Educational
>> Multimedia.
>>
>>
>> --
>> deg farrelly, Associate Librarian
>> Arizona State University at the West Campus
>> PO Box 37100
>> Phoenix, Arizona 85069-7100
>> Phone: 602.543.8522
>> Email: deg.farrelly@asu.edu
>>
>>
>>> From: Sue Parks <SueParks@library.unt.edu>
>>> Reply-To: "videolib@library.berkeley.edu" <videolib@library.berkeley.edu>
>>> Date: Tue, 17 Jan 2006 16:01:31 -0600
>>> To: <videolib@library.berkeley.edu>
>>> Subject: [Videolib] Use of Film Clips in Presentation
>>>
>>> All,
>>>
>>> Instructors in our Sport Psychology Department are compiling a list of
>>> movies and scenes they want to use in their educational sport psychology
>>> presentations. They would like to use the scenes to illustrate some of
>>> the sport psychology topics (e.g., attaining goals, being confident)
>>> they discuss during their presentations. These presentations are to
>>> coaches, athletes, and other related personnel and tend to be at the
>>> high school and college level. They do some introductory presentations
>>> for which they do not charge, though they also do presentations for
>>> which they charge. Will they need to license the use of these clips, or
>>> does this fall under fair use for the purpose of commentary and
>>> criticism?
>>>
>>> Thanks for any guidance,
>>>
>>> Sue
>>>
>>>
>>> Sue Parks
>>> Head, Media Library
>>> University of North Texas
>>> P.O. Box 305190
>>> Denton, TX 76203-5190
>>> Phone: 940.369.7249
>>> Fax: 940.369.7396
>>> sueparks@library.unt.edu
>>>
>>> _______________________________________________
>>> Videolib mailing list
>>> Videolib@library.berkeley.edu
>>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>
>> _______________________________________________
>> Videolib mailing list
>> Videolib@library.berkeley.edu
>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>>
>>
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib